Competitive Dialogue - Iter Industry

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Competitive Dialogue - Iter Industry

The European Domestic Agency

for ITER

Competitive Dialogue

Blanket information day

May 19 th 2010, Barcelona

F4E Contracts and Procurement department – Stefano Galvan


COMPETITIVE DIALOGUE: Summary

• Definition and Scope

• Legal Framework / Differences

• Circumstances to use the CD

- complexity and objective impossibility

- examples and models

• Stages in the Procedure


Definition and scope

•The competitive dialogue is a procedure which

can only be used in the specific circumstances

expressly provided for in Art 93 of IR.

• Particularly complex contracts.


Legal framework

•FR: Art 81.1(c) : Forms of procedures: Competitive Dialogue

•IR: Art 93: In the case of particularly complex contracts,

where the Joint Undertaking considers that direct use of the

open procedure and restricted procedure will not allow the

contract to be awarded to the tender offering best value for

money, it may make use of the competitive dialogue

IR: Art. 94: The competitive dialogue is a procurement

procedure in which any economic operator may request to be

selected to participate but only those candidates satisfying the

exclusion and selection criteria may be invited to participate in a

dialogue with the aim of developing one or more suitable

solutions capable of meeting the Joint Undertaking's needs and

requirements, and on the basis of which, the candidates are

invited to submit a tender


• Main features:

Legal framework

– dialogue allowed only with selected suppliers to

identify and define solutions to meet the needs

and requirements of Fusion for Energy

– awarded only to most economically advantageous

tender,

– dialogue conducted in successive stages with the

possibility of reducing the number of solutions and

– explicit rules on post-tender discussion.


Circumstances to use the CD

… in the case of particularly complex contracts ..

A contract is considered to be ‘’particularly complex’’ where the contracting

authority is not objectively able to define the technical means capable of

satisfying the needs or objectives or able to specify the legal or financial make-up

of the project.

Complexity and objective impossibility

- technical, financial or legal ‘’Complexity’’

- Objective impossibility

if it is in a position to define the

technical resources necessary

or establish the legal and

financial framework,

the use of the competitive dialogue

is not possible


STAGES IN THE PROCEDURE

• Preparation of the Contract notice and the

descriptive document

• Selection of economic operators

• The dialogue

- Reduction of number of solutions

- End of dialogue

• Final tenders

• Award of the contract


Contract notice, descriptive document

and selection of economic operators

• Needs and requirements in contract notice and its definition in

the CN or in the DD (TS)

• Limitation of number of participants (max and min) and

definition of its criteria (in CN and DD)

• It is also possible to reduce the number of solutions

• The award criterion: The most economically advantageous

tender (value for money)- in CN or DD and can not be changed-

• After finalising the selection, the CA sends the selected

candidates an invitation for the dialogue (when and where)


Dialogue stage

- Identifying and defining the means that will best

satisfy their needs (Every aspect) with selected

candidates

- Conducted individually. Confidentiality. No

picky bagging

- During the dialogue, contracting authorities may

ask participants to flesh out their proposed

solutions in writing. (payments)

- Gradual reduction of solutions


End of dialogue, final tenders

and award of the contract

• Conclusion of the dialogue (declaration by F4E)

• CA asks to submit "final tenders on the basis of the solution or

solutions presented and specified during the dialogue.”

• Complete tenders: shall contain all the elements required and

necessary for the performance of the project

• Disclosure of solutions or aspects of the solutions of other

candidates only with prior agreement.

• CA can ask clarifications, specifications but without changing

basic aspects (no distortion no discrimination, no fundamental

aspects of offers altered, such as price and risk allocation) (as

open or restricted)

• Evaluation against the award criteria


Dialogue stages

Issue of

contract

notice

Selection of

candidates

Start

dialogue

Phase

Information

meeting

with

individual

candidate

Submission

of

provisional

tender

Descriptive

document

Reduction of

proposals where

set out in the

descriptive

document

Contract

signature

Standstill period

With selected

tenderer

clarification

and

confirmation of

commitments

Clarify,

specify, fine

tune and

evaluation

of tenders

Closing of

dialogue

Request for

submission

of Final

Tender

Contract Award notice


Thank you

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